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being taken for a ride?

28-07-2009, 03:31 PM

I really need some advice, i am currently in the process of buying a flat, i started the process in february, my morgage is sorted and everything is ready to go my side, there is no-one living in the flat and i have spoken to the owner and she says that she has done everything her side. However, it has now been 6 months and everytime i ring my solicitor they say that everything is nearly sorted, they are just waiting on something for "the management company", they won't give me a straight answer on how long it will take for this all to be sorted, nor will they let me speak to this management company. I don't know what to do anymore as where i am living is a nightmare and soon i will be homeless. All i want is to move into my flat, i don't understand why it's taken so long! Can anyone help? I would be extremely grateful!

Comment

Ask for a copy of the relevant correspondence so that you can be fully informed of the reasons for the delay.

If the "management company" is simply a small number of people that own the flats, then I can kind of understand a few delays, because sometime such companies are not run as professionally as they should be, and the office holders are simply volunteers

Comment

I agree, get a copy of the correspondence relating to delay and start making some calls yourself. I sold my flat recently and due to legal inefficiency (long story) had to negotiate a new lease in two weeks. Luckily the landlord had agreed terms. Point being, I phoned everyone I could and pestered them all until it got done in timescale. Solicitor had said it was impossible and left to him it would have been!
Tell them to e mail you copies of everything. For some reason solicitor still don't like e mail but just keep pestering them. Once they get fed up with your constant calls they will do something.

Comment

As well as getting copy correspondence and contacting the management company direct, I suggest you let the seller know what the problem is so that she can apply pressure to the management company as well

This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

Comment

It's a pre-owned flat, i regularly speak to the woman im buying it off (she doesn't live there, she used to rent it to an old woman who had to move into sheltered accomodation) and she is sure everything is done her end, she is desperate for the money and i am desperate for the flat! Apparently i cannot speak to the management company direct, and my solicitor is sure he has done everything. i will ring my solicitor and ask for the copy of correspondence...but is pestering them the right way to go? Thanks for your answers

Comment

I agree - any solicitor who is reluctant to show copy correspondence is probably hiding something.

The seller should be able to speak direct to the managing agents to find out what the problem is.

Once you know what has been done by your solicitor and what the management company's version is, you should be able to identify how to resolve the issue. Often it is just a case of one or other (or both!) being slow, in which case a suitably-aimed kick is the remedy. It may be something very minor - eg: the management company wants a fee to supply information and the solicitor refuses to pay it; in that case, giving your solicitor the funds to pay the fee will resolve the problem

One other point: as it has all been going on so long, searches may need to be renewed, as may your mortgage offer. Check these points before exchanging contracts to avoid getting in a nasty situation

I hope this helps

This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

Comment

Thought id update u all, my solicitor said i am the most patient woman in the world! (which i obviously am!!) and that i can't speak to the management company myself although they are giving them till the end of the week for it to be finalised then they are going to carry out "legal proceedings against them". so fingers crossed! Thanks for all your advice, hopefully something might happen now!!

Comment

Apologies if I seem to be a wet blanket, but what "legal proceedings" can you or your solicitors bring against the management company? There is no legal relationship with them. They are anwerable to the freeholder, who has a legal relationship with the seller, which is why it is the seller who can, if necessary, apply pressure to the management company

Have you seen copy correspondence to the management company to convince you that it is them delaying things? If not, I suggest you insist on having this, and pass on copies to the seller for the seller to chase.

It may be, of course, that the delay has been on the part of your solicitor, who is now scabbling to catch up by the end of the week, and you may be prepared to let him/her do that, now that he or she knows your patience is nearly exhausted, rather than risk getting into a confrontation

Good luck!

This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

Comment

You obviously need to get to the bottom of it all. However, if the management company are not providing informaiton (such as whether the seller has any arrears of service charge and ground rent) it may continue to be difficult to deal with, and frankly a reason for not buying that flat and having later misery in trying to sell it, and extortionate demands for fees for all sorts of things in the meantime!

There are some managing agents who are so awful and whose involvement with a block of flats is sufficient for me to advise my clients not to buy the flat.

RICHARD WEBSTERwww.rwco.co.ukAs a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

Comment

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